What Should Democrats Do About Republicans’ Insistence on Lining Their Own Pockets With the Stimulus Plan?

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan discusses the ongoing negotiations in Congress over the stimulus bill that would purportedly start to address the present economic crisis. Buchanan argues that while Democrats are right to try to stop Republicans from writing a huge unrestricted corporate handout into the bill, they will have to agree to something quickly—and the sooner the better.

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Will Coronavirus Stop America from Carrying Out Executions?

AUSTIN SARAT

Guest columnist Austin Sarat—Associate Provost, Associate Dean of the Faculty and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—points out one unusual effect of the COVID-19 pandemic: deferring the executions of death row inmates. Sarat observes that while past pandemics have not affected the rate at which states have executed inmates, last week the Texas Court of Criminal Appeals granted 60-day stays in the execution sentences of two men, and other states seem poised to follow suit.

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United States v. Gravatt

Docket: 19-6852

Opinion Date: March 23, 2020

Judge: Quattlebaum

Areas of Law: Criminal Law

A conspiracy that involves the distribution of 50 or more grams of crack cocaine, which is a "covered offense" under the First Step Act of 2018 because the penalties for it were modified by the Fair Sentencing Act, remains a covered offense if the conspiracy also charges distribution of powder cocaine, the penalties for which were not modified. In this case, defendant pleaded guilty to knowingly and willfully conspiring with others to unlawfully possess with intent to distribute and to distribute 50 grams or more of crack cocaine and 5 kilograms or more of powder cocaine. Because defendant's sentence involved a covered offense under Section 404(a) and Section 404(c)'s limitations do not apply, the district court should have reviewed defendant's motion on the merits, applying its discretion under Sections 404(b) and (c). Accordingly, the Fourth Circuit vacated the district court's order and remanded for further proceedings.

United States v. Williamson

Docket: 18-4837

Opinion Date: March 23, 2020

Judge: James Harvie Wilkinson, III

Areas of Law: Criminal Law

Drugs distributed for the "personal use" of an accomplice may be included as relevant conduct for the crime of aiding-and-abetting the distribution of a controlled substance. The Fourth Circuit affirmed defendant's sentence imposed after he pleaded guilty to one count of aiding-and-abetting the distribution of methamphetamine. The court held that the district court did not err in including quantities that the accomplice used recreationally in defendant's sentence. The court also held that the district court did not commit clear error in its sentencing analysis, rejecting defendant's claims to the contrary.